January 6 takeaways: Donald Trump ‘could not be moved’ amid violence

The House January 6 committee is closing out its set of summer hearings with its most detailed focus yet on the investigation’s main target: former President Donald Trump. The panel is examining Trump’s actions on Jan. 6, 2021, as hundreds of his supporters broke into the U.S. Capitol, guiding viewers minute-by-minute through the deadly afternoon to show how long it took for the former president to call off the rioters. The panel is focusing on 187 minutes that day, between the end of Trump’s speech calling for supporters to march to the Capitol at 1:10 p.m. and a video he released at 4:17 p.m. telling the rioters they were “very special” but they had to go home. Trump was “the only person in the world who could call off the mob,” but he refused to do so for several hours, said the committee’s chairman, Mississippi Rep. Bennie Thompson, who was participating in the hearing remotely due to a COVID-19 diagnosis. “He could not be moved.” THE WHITE HOUSE DINING ROOM The panel emphasized where Trump was as the violence unfolded — in a White House dining room, sitting at the head of the table, watching the violent breach of the Capitol on Fox News. He retreated to the dining room at 1:25 p.m., according to Rep. Elaine Luria, D-Va., one of two members who led the hearing. That was after some rioters had already breached barriers around the Capitol — and after Trump had been told about the violence within 15 minutes of returning to the White House. Fox News was showing live shots of the rioters pushing past police, Luria said, showing excerpts of the coverage. In video testimony played at the hearing, former White House aides talked about their frantic efforts to get the president to tell his supporters to turn around. Pat Cipollone, Trump’s top White House lawyer, told the panel that multiple aides — including Trump’s daughter, Ivanka Trump — advised the president to say something. “People need to be told” to leave, Cipollone recalled telling people, urging Trump to make a public announcement. Trump “could not be moved,” Thompson said, “to rise from his dining room table and walk the few steps down the White House hallway into the press briefing room where cameras were anxiously and desperately waiting to carry his message to the armed and violent mob savagely beating and killing law enforcement officers.” NO CALLS FOR HELP As he sat in the White House, Trump made no efforts to call for increased law enforcement assistance at the Capitol, the committee said. Witnesses confirmed that Trump did not call the defense secretary, the homeland security secretary, or the attorney general. The committee played audio of Gen. Mark Milley, chairman of the Joint Chiefs of Staff, reacting with surprise to the former president’s reaction to the attack. “You’re the commander-in-chief. You’ve got an assault going on on the Capitol of the United States of America. And there’s Nothing? No call? Nothing Zero?” Milley said. As Trump declined to call for help, Vice President Mike Pence was hiding in the Capitol, just feet away from rioters who were about to breach the Senate chamber. The committee played audio from an unidentified White House security official who said Pence’s Secret Service agents “started to fear for their own lives” at the Capitol and called family members in case they didn’t survive. Shortly afterward, at 2:24 p.m., Trump tweeted that Pence didn’t have the “courage” to block or delay the election results as Congress was certifying Joe Biden’s presidential victory. FORMER WHITE HOUSE AIDES Matt Pottinger, who was Trump’s deputy national security adviser at the time, and Sarah Matthews, then the deputy press secretary, testified at the hearing. Both resigned from their White House jobs immediately after the insurrection. Both Pottinger and Matthews told the committee of their disgust at Trump’s tweet about Pence. Pottinger said he was “disturbed and worried to see that the president was attacking Vice President Pence for doing his constitutional duty,” which he said was “the opposite of what we needed at that moment.” “That was the moment I decided I was going to resign,” Pottinger said. Matthews said the tweet was “essentially him giving the green light to those people,” and said Trump’s supporters “truly latch on to every word and every tweet.” ‘WE HAVE CONSIDERABLY MORE TO DO’ At the beginning of the hearing, Thompson and Wyoming Rep. Liz Cheney, the committee’s Republican vice chair, announced that the panel would “reconvene” in September to continue laying out their findings. “Doors have opened, new subpoenas have been issued, and the dam has begun to break,” Cheney said of the committee’s probe. “We have considerably more to do. We have far more evidence to share with the American people and more to gather.” Republished with the permission of The Associated Press.
Donald Trump names 2 lawyers to impeachment defense team, one from Alabama

Former president Donald Trump announced a new impeachment legal defense team Sunday, one day after it was revealed that he had parted ways with an earlier set of attorneys with just over a week to go before his Senate trial. The two lawyers representing him will be David Schoen, a criminal defense lawyer with offices in Alabama and New York, and Bruce Castor, a former county prosecutor in Pennsylvania. Both issued statements through a Trump adviser saying that they were honored to take the job. “The strength of our Constitution is about to be tested like never before in our history. It is strong and resilient. A document written for the ages, and it will triumph over partisanship yet again, and always,” said Castor, who served as district attorney for Montgomery County, outside of Philadelphia, from 2000 to 2008. The announcement Sunday was intended to promote a sense of stability surrounding the Trump defense team as his impeachment trial nears. The former president has struggled to hire and retain attorneys willing to represent him against charges that he incited the deadly riot at the U.S. Capitol, which happened when a mob of loyalists stormed Congress as lawmakers met Jan. 6 to certify Joe Biden’s electoral victory. That’s a contrast from his first impeachment trial, when Trump’s high-profile team of attorneys included Alan Dershowitz, one of the best-known criminal defense lawyers in the country, as well as White House counsel Pat Cipollone, and Jay Sekulow, who has argued cases before the Supreme Court. Trump’s team had initially announced that Butch Bowers, a South Carolina lawyer, would lead his legal team after an introduction from Republican Sen. Lindsey Graham. But that team unraveled over the weekend due to differences over legal strategy. One person familiar with their thinking said Bowers and another South Carolina lawyer, Deborah Barbier, left the team because Trump wanted them to use a defense that relied on allegations of election fraud, and the lawyers were not willing to do so. The person was not authorized to speak publicly about the situation and requested anonymity. Republicans and aides to Trump, the first president to be impeached twice in American history, have made clear that they intend to make a simple argument in the trial: Trump’s trial, scheduled for the week of Feb. 8, is unconstitutional because he is no longer in office. “The Democrats’ efforts to impeach a president who has already left office is totally unconstitutional and so bad for our country,” Trump adviser Jason Miller has said. Many legal scholars, however, say there is no bar to an impeachment trial despite Trump having left the White House. One argument is that state constitutions that predate the U.S. Constitution allowed impeachment after officials left office. The Constitution’s drafters also did not specifically bar the practice. Castor, a Republican who was the elected district attorney of Pennsylvania’s third-most populated county, decided against charging Cosby in a 2004 sexual encounter. He ran for the job again in 2015, and his judgment in the Cosby case was a key issue used against him by the Democrat who defeated him. Castor has said that he personally thought Cosby should have been arrested, but that the evidence wasn’t strong enough to prove the case beyond a reasonable doubt. In 2004, Castor ran for state attorney general unsuccessfully. In 2016, he became the top lieutenant to the state’s embattled attorney general — Kathleen Kane, a Democrat — as she faced charges of leaking protected investigative information to smear a rival and lying to a grand jury about it. She was convicted, leaving Castor as the state’s acting attorney general for a few days. Schoen met with financier Jeffrey Epstein about joining his defense team on sex trafficking charges just days before Epstein killed himself in a New York jail. In an interview with the Atlanta Jewish Times last year, Schoen said he had also been approached by Trump associate Roger Stone before Stone’s trial about being part of the team and that he was was later retained to handle his appeal. Trump commuted Stone’s sentence and then pardoned him. Schoen maintained in the interview that the case against Stone was “very unfair and politicized.” Neither Schoen nor Castor returned phone messages seeking comment Sunday evening. Republished with the permission of the Associated Press.
William Barr undercuts Donald Trump on election and Hunter Biden inquiries

Undercutting President Donald Trump on multiple fronts, Attorney General William Barr said Monday he saw no reason to appoint a special counsel to look into the president’s claims about the 2020 election or to name one for the tax investigation of President-elect Joe Biden’s son. Barr, in his final public appearance as a member of Trump’s Cabinet, also reinforced the belief of federal officials that Russia was behind a massive hack of U.S. government agencies, not China as the president has suggested. Barr is leaving the Justice Department this week, having morphed from one of Trump’s most loyal allies to one of the few members of the Cabinet willing to contradict the president openly. That’s been particularly true since the election, with Barr declaring in an interview with The AP that he had seen no evidence of widespread voting fraud, even as Trump continued to make false claims about the integrity of the contest. The president has also grown particularly angry that Barr didn’t announce the existence of a two-year-old investigation of Hunter Biden before the election. On Monday, Barr said that investigation was “being handled responsibly and professionally.” “I have not seen a reason to appoint a special counsel and I have no plan to do so before I leave,” he said, adding that there was also no need for a special counsel to investigate the election. A special counsel would make it more difficult for Biden and his yet-to-be-named attorney general to close investigations begun under Trump. Such an appointment could also add a false legitimacy to baseless claims, particularly to the throngs of Trump supporters who believe the election was stolen because Trump keeps wrongly claiming it was. Barr’s comments came at a press conference to announce additional criminal charges in the bombing of Pan Am Flight 103, which killed 190 Americans, an issue he had worked on in his previous stint as attorney general in the early 1990s. He’ll step down on Wednesday and be replaced by acting Attorney General Jeffrey Rosen. Barr’s statements on the special counsel may make it easier for Rosen to resist pressure from the White House to open any special counsel investigation. In his 2019 confirmation hearing for deputy attorney general, Rosen said he was willing to rebuff political pressure from the White House if necessary. He told legislators that criminal investigations should “proceed on the facts and the law” and prosecutions should be “free of improper political influences.” “If the appropriate answer is to say no to somebody, then I will say no,” he said at the time. Trump and his allies have filed roughly 50 lawsuits challenging election results and nearly all have been dismissed or dropped. He’s also lost twice at the U.S. Supreme Court. With no further tenable legal recourse, Trump has been fuming and peppering allies for options as he refuses to accept his loss. Among those allies is Rudy Giuliani, who during a meeting Friday pushed Trump to seize voting machines in his hunt for evidence of fraud. The Homeland Security Department made clear, however, that it had no authority to do so. It is also unclear what that would accomplish. For his part, Barr said he saw no reason to seize them. Earlier this month, Barr also told AP that the Justice Department and Homeland Security had looked into the claims “that machines were programmed essentially to skew the election results” and ultimately concluded that “we haven’t seen anything to substantiate that.” Trump has consulted on special counsels with White House chief of staff Mark Meadows, White House counsel Pat Cipollone and outside allies, according to several Trump administration officials and Republicans close to the White House who spoke to The Associated Press on condition of anonymity because they weren’t authorized to discuss the matter publicly. Trump was interested both in a counsel to investigate the younger Biden’s tax dealings and a second to look into election fraud. He even floated the idea of naming attorney Sidney Powell as the counsel — though Powell was booted from Trump’s legal team after she made a series of increasingly wild conspiratorial claims about the election. Federal law requires that an attorney general appoint any special counsels. Barr also said Monday the hack of U.S. government agencies “certainly appears to be the Russians.” In implicating the Russians, Barr was siding with the widely held belief within the U.S. government and the cybersecurity community that Russian hackers were responsible for breaches at multiple government agencies, including the Treasury and Commerce departments. Hours after Secretary of State Mike Pompeo said in a radio interview that Russia was “pretty clearly” behind the hacks, Trump sought to undercut that message and play down the severity of the attack. He tweeted that the “Cyber Hack is far greater in the Fake News Media than in actuality.” He also said China could be responsible even though no credible evidence has emerged to suggest anyone other than Russia might be to blame. Monday was also the 32nd anniversary of the Pan Am explosion over Lockerbie, Scotland, that killed 259 people in the air and 11 on the ground. The Justice Department announced its case against the accused bombmaker, Abu Agela Masud Kheir Al-Marimi, who admitted in an interview with Libyan officials several years ago that he had built the bomb and worked with two other defendants to carry out the attack, Barr said. Calling the news conference to announce the charges underscored Barr’s attachment to that case. He had announced an earlier set of charges against two other Libyan intelligence officials in his capacity as acting attorney general nearly 30 years ago, vowing the investigation would continue. Republished with the permission of the Associated Press.
Donald Trump vents about election as agencies aid Joe Biden transition

President Donald Trump insisted Tuesday that he is not giving up his fight to overturn the election results, but across the federal government, preparations were beginning in earnest to support President-elect Joe Biden’s incoming administration. Within hours of the General Services Administration’s acknowledgment Monday evening of Biden’s victory in the Nov. 3 election, career federal officials opened the doors of agencies to hundreds of transition aides ready to prepare for his Jan. 20 inauguration. And on Tuesday, Trump signed off on allowing Biden to receive the presidential daily brief, the highly classified briefing prepared by the nation’s intelligence community for the government’s most senior leaders. An administration official said logistics on when and where Biden will first receive the briefing were still being worked out. Biden, in an interview with “NBC Nightly News,” said he was also working out a meeting with the White House’s coronavirus task force and vaccine distribution effort. “So I think we’re going to not be so far behind the curve as we thought we might be in the past,” he said. “And there’s a lot of immediate discussion, and I must say, the outreach has been sincere. There has not been begrudging so far. And I don’t expect it to be. So yes, it’s already begun.” By Tuesday afternoon, the Biden transition had been in contact with all federal agencies about transition planning, according to a transition official. But Trump, who has not formally conceded to Biden — and may never — continued to sow doubt about the vote, despite his own administration’s assessment that it was conducted without widespread fraud, misconduct, or interference. The president has maintained a low profile since his defeat. He made a quick appearance in the briefing room on Tuesday to deliver just over one minute of remarks on the Dow Jones Industrial Average trading at record levels and later delivered the traditional pre-Thanksgiving turkey pardon in the White House Rose Garden. He has not taken questions from journalists in weeks. He did not hold back on Twitter regarding the election results. “Remember, the GSA has been terrific, and (Administrator) Emily Murphy has done a great job, but the GSA does not determine who the next President of the United States will be,” Trump tweeted Tuesday morning. His legal team continued to mount seemingly futile challenges to the votes in battleground states. Murphy acted after Michigan certified Biden’s victory in the battleground state on Monday, and a federal judge in Pennsylvania tossed a Trump campaign lawsuit on Saturday seeking to prevent certification in that state. Pennsylvania certified its results, and its 20 electors for Biden, on Tuesday morning, followed hours later by Nevada. It also came as an increasing number of Republicans were publicly acknowledging Biden’s victory, after weeks of tolerating Trump’s baseless claims of fraud. The Republican president had grown increasingly frustrated with the flailing tactics of his legal team. In recent days, senior Trump aides, including chief of staff Mark Meadows and White House counsel Pat Cipollone had also encouraged Trump to allow the transition to begin, telling the president he didn’t need to concede but could no longer justify withholding support to the Biden transition. Late Monday, Meadows sent a memo to White House staffers saying that their work was not yet finished and that the administration would “comply with all actions needed to ensure the smooth transfer of power,” according to a person who received it. At the same time, he warned staffers who are not specifically authorized to interact with the Biden team against contact with the incoming administration. Health and Human Services Secretary Alex Azar told reporters Tuesday that within hours of GSA’s ascertainment of Biden’s victory, his agency’s top career official was in contact with the Biden team on coordinating briefings, including on the Trump administration’s planning to distribute vaccines for COVID-19. “We are immediately getting them all of the pre-prepared transition briefing materials,” Azar said. “We will ensure coordinated briefings with them to ensure they’re getting whatever information that they feel they need.” The official managing the Pentagon’s transition work with the Biden landing team said that the first meeting was held virtually on Tuesday morning and that he expected daily meetings to come — some virtually and some in person. The official, Tom Muir, told reporters that normal accommodations for the Biden team have been made, including the provision of briefing materials, video-teleconferencing capabilities, and office space inside the Pentagon. “HUD career officials have begun the process of scheduling briefings with the Biden transition team in response to their requests,” said a spokesperson for the Department of Housing and Urban Development. GSA’s move frees up millions of dollars in federal support for the Biden transition and gives his team access to additional federal office space and support services, including computers, phones, and secure briefing rooms. A day after Trump said his administration should begin working with Biden’s team, Republican allies filed two more lawsuits attempting to stop the certification in two battleground states. One in Minnesota was swiftly rejected by a state court Tuesday before the state certified its results for Biden. Shortly after, another was filed in Wisconsin, which doesn’t certify until Dec. 1. Republished with the permission of the Associated Press.
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